Turner v. Clark County
Supreme Court of Missouri
Appeal from Clark Circuit Court. — Hon. John C. Anderson, Judge. The suit was ejectment. Defendant claimed title to the land through a mortgage executed by plaintiff, and foreclosure proceedings thereunder. The county had the same right to accept the mortgage and enforce it by suit, as an individual. Gen. Stat. of 1865, p. 225, §§1,2; p. 556, § 9; p. 448, § 13; Han. $■ St. Jo.
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Appeal from Clark Circuit Court. — Hon. John C. Anderson, Judge. The suit was ejectment. Defendant claimed title to the land through a mortgage executed by plaintiff, and foreclosure proceedings thereunder. The county had the same right to accept the mortgage and enforce it by suit, as an individual. Gen. Stat. of 1865, p. 225, §§1,2; p. 556, § 9; p. 448, § 13; Han. $■ St. Jo. R. R. Co. v. Marion Co., 36 Mo. 294. Where the county is beneficially interested, she may purchase real estate: Linvillev. Bohanan, 60 Mo. 554. The county had no power to purchase land, or hold the same, unless it was…
1Opinion of the CourtNapton, J.
The question in this case is, whether a bond and mortgage to a county, taken to secure the delinquency of a sheriff and ex officio collector, whose securities on his official bond were at the time perfectly good, is of any validity. The county court, it seems, in this case, had directed a suit upon the sheriff’s bond, and during the pendency of such suit, accepted the bond and mortgage now *244in question, and dismissed the suit against the officer and-his securities. The county sued on the mortgage, obtained a judgment of foreclosure, and bought the land sold under the execution, and received a…
2Cases cited1 opinion
- Barry County ex rel. State School Fund v. McGlothlinSupreme Court of Missouri · 1854
3Cited by2 opinions
- Atwell v. Jack Henry & Associates, Inc.Missouri Court of Appeals · 1988
- Barton County v. HarringtonSupreme Court of Missouri · 1879